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Landmark case highlights employer obligations for public-facing roles

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In our ongoing coverage of the rise in customer aggression and harassment, we examine a recent ruling in New Zealand’s Employment Court, which offers a cautionary tale for workplaces in New Zealand.

A recent New Zealand Employment Court decision in the case of Associate Professor Siouxsie Wiles against the University of Auckland has set an important precedent for how employers should manage psychosocial risks for staff in public-facing positions.

It highlights just how crucial it’s becoming for workplaces to be proactive in protecting their employees who provide public commentary as part of their work activities from harassment and online threats, especially as the digital world becomes more polarised.

And no matter where you are - this case matters.

Online abuse remains a widespread issue. A large 2017 Amnesty International study found that one-third of women in New Zealand had experienced online abuse, with 75% reporting sleep disruptions and nearly half fearing for their physical safety. Globally, 23% of women reported repeated harassment, and 41% said it made them feel physically unsafe.

In the U.S., up to a third of internet users have encountered hate speech online, and the most recent figures from social media giant Instagram, show over 10 million instances of bullying and harassment content were addressed in the second quarter of 2024.

Instagram addressed over 10 million instances of bullying and harassment in the second quarter of 2024.
Sanja Marin, Senior Associate at law firm Duncan Cotterill and a specialist health and safety lawyer who has been following Wiles’ case, says this case provides some guidance on how businesses should address risks for staff who as part of their work are public commentators and have public-facing roles.

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